FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Levin & Amsel [2023] FedCFamC2F 955
File number: SYC 151 of 2023 Judgment of: JUDGE LIOUMIS Date of judgment: 27 July 2023 Catchwords: FAMILY LAW – CHILDREN – Final parenting orders – International relocation – Unacceptable risk – Undefended hearing Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AB, 60B, 60CC, 69ZN, 69ZW
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 2.33, 5.11, 10.13
Cases cited: Bant & Clayton [2015] FamCAFC 222
Deiter & Deiter [2011] FamCAFC 82
Isles & Nelissen (2022) FLC 94-092
M & M (1988) FLC 91-979
Division: Division 2 Family Law Number of paragraphs: 136 Date of hearing: 27 July 2023 Place: Sydney For the Applicant: The Applicant appeared in person For the Respondent: The Respondent did not appear Solicitor for the Independent Children's Lawyer: Ms Bennett of Legal Aid NSW ORDERS
SYC 151 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LEVIN
Applicant
AND: MS AMSEL
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE LIOUMIS
DATE OF ORDER:
27 JULY 2023
ON A FINAL AND UNDEFENDED BASIS THE COURT ORDERS THAT:
1.Mr Levin (hereinafter “the Father”) have sole parental responsibility for the children X born in 2010 and Y born in 2014 (hereinafter collectively “the children”).
2.As from August 2023 the Father be permitted to relocate the children to Country B.
3.The children live with the Father.
4.The children communicate or spend time with Ms Amsel (hereinafter “the Mother”) as agreed by the Father.
5.Within 21 days of these Orders, the Independent Children’s Lawyer will meet with the children and explain the effect of these Orders.
6.By 4pm on 28 July 2023, the Independent Children’s Lawyer will personally serve a copy of these Orders on the Mother, and in the event that the Mother refuses to accept a copy of the Orders, that pursuant to Rule 2.33 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) service shall be deemed to have been effected by leaving a copy of the Orders at the front door at C Street, Suburb D in an envelope marked “Urgent Documents for [Ms Amsel].”
7.The Independent Children’s Lawyer is discharged following compliance with Orders 5 and 6 herein.
8.The Father shall pay to Legal Aid NSW the sum of $1,650.00 being the costs of the Independent Children’s Lawyer in the proceedings (noting that the Father has already paid $1,650.00 to Legal Aid NSW in satisfaction of these costs).
9.Leave is granted to the Mother to apply to set aside or vary these Orders within 21 days from the date of these Orders, provided that the Mother file an affidavit setting out the basis of the application and explaining her non-attendance at Court today.
10.All outstanding applications are dismissed and the proceedings are removed from the list of matters awaiting finalisation.
THE COURT NOTES THAT:
A.The Mother was not present when this…
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CaseChat Overview and Summary
The court considered the best interests of the children, noting the mother's absence and the uncontested nature of the proceedings. It found that the father should have sole parental responsibility and be permitted to relocate the children to Country B, given the circumstances and evidence presented. The court also ordered that the children live with the father and that they communicate or spend time with the mother as agreed by the father. The court directed that the Independent Children's Lawyer meet with the children and explain the effect of these orders. It further ordered that the father pay the costs of the Independent Children's Lawyer and granted the mother leave to apply to set aside or vary these orders within 21 days, provided she filed an affidavit setting out the basis of the application and explaining her non-attendance at court.
The court's final orders granted sole parental responsibility to the father, permitted him to relocate the children to Country B, and set out arrangements for the children's communication with the mother. The court also ordered the father to pay the costs of the Independent Children's Lawyer and granted the mother leave to apply to set aside or vary these orders within 21 days, provided she filed an affidavit setting out the basis of the application and explaining her non-attendance at court. All outstanding applications were dismissed, and the proceedings were removed from the list of matters awaiting finalisation.
Orders
Orders of the court
SYC 151 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LEVIN
Applicant
AND:
MS AMSEL
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE LIOUMIS
DATE OF ORDER:
27 JULY 2023
ON A FINAL AND UNDEFENDED BASIS THE COURT ORDERS THAT:
1. Mr Levin (hereinafter “the Father”) have sole parental responsibility for the children X born in 2010 and Y born in 2014 (hereinafter collectively “the children”).
2. As from August 2023 the Father be permitted to relocate the children to Country B.
3. The children live with the Father.
4. The children communicate or spend time with Ms Amsel (hereinafter “the Mother”) as agreed by the Father.
5. Within 21 days of these Orders, the Independent Children’s Lawyer will meet with the children and explain the effect of these Orders.
6. By 4pm on 28 July 2023, the Independent Children’s Lawyer will personally serve a copy of these Orders on the Mother, and in the event that the Mother refuses to accept a copy of the Orders, that pursuant to Rule 2.33 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) service shall be deemed to have been effected by leaving a copy of the Orders at the front door at C Street, Suburb D in an envelope marked “Urgent Documents for [Ms Amsel].”
7. The Independent Children’s Lawyer is discharged following compliance with Orders 5 and 6 herein.
8. The Father shall pay to Legal Aid NSW the sum of $1,650.00 being the costs of the Independent Children’s Lawyer in the proceedings (noting that the Father has already paid $1,650.00 to Legal Aid NSW in satisfaction of these costs).
9. Leave is granted to the Mother to apply to set aside or vary these Orders within 21 days from the date of these Orders, provided that the Mother file an affidavit setting out the basis of the application and explaining her non-attendance at Court today.
10. All outstanding applications are dismissed and the proceedings are removed from the list of matters awaiting finalisation.
THE COURT NOTES THAT:
A. The Mother was not present when this matter was before the Court today.
B. The matter proceeded to final hearing on an undefended basis today.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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